In a case where Gap, as the head of the site team of a construction company, who had been engaged in the pre-inspection, etc. of sewerage construction works as the head of the construction company Gap, completed the work, and returned home while driving the company's vehicle, the chest complained of the symptoms of her blood and her blood, and transported to an emergency room of the hospital, and the spouse Eul claimed the bereaved family's benefits and funeral funeral expenses, but the Korea Workers' Compensation and Welfare Corporation requested the payment of the bereaved family's benefits and funeral expenses, but it is difficult for Gap to recognize the relationship with Gap's duties, the case holding that the above disposition was unlawful on the ground that there is a proximate causal relation between Gap's duties and the death of the above injury and the above injury and the above injury and the above injury and the death of the Gap.

A, as the head of the site team of a construction company, who had been engaged in the duties of preliminary inspection of sewerage construction works, is a case where the family's benefits and funeral's expenses are determined on the ground that it is difficult for the Korea Workers' Compensation and Welfare Service to recognize the relationship between the duties of the family's benefits and funeral's expenses because, while having completed the work and returned home after driving the company's vehicle, the chest complained of the symptoms of his blood and blood in the Aar and ma, and the spouse died to the hospital's emergency room due to sudden and serious color, etc.

The case holding that Gap's work hours are 57 hours per week prior to the outbreak date, and the average work hours per week during 12 hours prior to the outbreak date of injury or disease were 33 hours and 15 minutes per week prior to the outbreak date, and the occupational burden was rapidly increased by 71.4% compared to the average work hours per week during 12 weeks prior to the outbreak date, and that this constitutes a case where the occupational burden was increased for a short time during the short period prior to the outbreak due to the change in the volume, time, strength, responsibility, and work environment of the worker Gap's work, and thus, it constitutes a case where Eul's physical and mental disability significantly affecting the normal function of brain or cardio-cerebrovascular, and it constitutes a case where Gap's work hours are determined as illegal based on the above average work hours and 4 hours per week prior to the occurrence date of injury or disease, and thus, it is acknowledged that there was a proximate causal relation between the above work and the above average work hours per week's disease or disease's injury or disease's injury.

Article 5(1) and Article 37(1) of the Industrial Accident Compensation Insurance Act

Plaintiff (Attorney Han-soo et al., Counsel for plaintiff-appellee)

Korea Labor Welfare Corporation

Seoul Police Agency Decision 2017Guhap1391 decided July 12, 2018

October 17, 2018

1. Revocation of the first instance judgment.

2. On September 13, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

3. All costs of the lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On May 24, 2003, the deceased non-party 1 (date of birth omitted; hereinafter “the deceased”) who is the Plaintiff’s spouse entered ○ Construction Co., Ltd. (hereinafter “instant company”) and performed the duties of prior inspection of sewerage construction and on-site chief as the head of the on-site team.

B. At around 18:00 on March 16, 2016, the Deceased complained of the symptoms of her chest’s blood and her blood, while driving the company’s vehicle, Nonparty 2 and Nonparty 3, who is a charged worker, and returning home. Nonparty 2 instead of driving, and Nonparty 2 aggravated the symptoms of the Deceased, the Deceased transferred the deceased to an emergency room in △△ Hospital.

C. In light of the crypical typical typology and chronic pulmonary typology analysis, the deceased received crypical typical typical typical typical typical typical typical typical typical typical typicals, and the deceased received treatment for cardio-human shock symptoms accompanied by cardio-scopic typical shock symptoms, but the crypary typical typical typical typical typical typical typical typical typical typical typical typical typical typical typical typical typical typical typical typicals, but did not recover, and died on March 20, 2016. The death diagnosis report for the deceased is written in the death report on the death of the deceased as a direct typical typical s.

D. Around June 2016, the Plaintiff filed a claim for the payment of bereaved family’s benefits and funeral expenses with the Defendant. On September 13, 2016, the Defendant rendered a decision on bereaved family’s benefits and funeral expenses on the ground that “It is confirmed that the deceased died of the injury or disease of this case, but it is not confirmed that the time or volume of work increased, and the stress following the omission of promotion or the acquisition of qualification certificates is judged to be normal level. The deceased’s injury or disease of this case was in a state of high blood pressure due to basic diseases, and thus it is difficult to recognize the relevance with his duties” (hereinafter “instant disposition”).

E. The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. On February 2, 2017, the said Committee rejected the Plaintiff’s request for reexamination on the ground that “In the case of the deceased, the occurrence of a sudden and difficult incident or a sudden change in work environment related to his duties within 24 hours prior to the occurrence, etc., cannot be deemed to have increased by more than 30% of the daily work hours per week prior to the occurrence, and the average work hours per share of less than 4 and 12 weeks prior to the occurrence of the outbreak are less than 60 hours, and there are no special factors that may be recognized as occupational tasks, and even considering the acquisition of qualification certificates and promotion stress, it is deemed that there is no burden of causing brain-related diseases even if considering the acquisition of promotion stress, etc., on the other hand, on the ground that there is insufficient personal and internal factors, such as high blood pressure, etc., which is the risk of the injury to the deceased.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-2, 3, Eul evidence 3, 6, 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

For the following reasons, proximate causal relation exists between the deceased’s work and the deceased’s death and the injury of this case. Thus, the instant disposition should be revoked as unlawful.

1) On March 16, 2016, when the instant injury and disease occurred, there was a sudden and difficult case related to the duties within 24 hours prior to the occurrence of the occurrence, such as the occurrence of a neighboring civil petition, which caused a sudden and difficult accident, such as the Deceased’s resolution of it.

2) On January 1, 2018, the Ministry of Employment and Labor’s notice on the criteria for recognition of chronic and industrial accident has been amended (No. 2017-117; hereinafter “amended notice”) and was retroactively applied to the deceased. As such, the deceased’s work hours are more than average 52 hours per week per week prior to the occurrence of the deceased’s work hours, and there should be occupational relevance with respect to the deceased’s work, such as engaging in a dangerous work in a harmful work environment. In addition, the work hours within a week prior to the occurrence of the Deceased sharply increased above the average work hours of 12 weeks prior to the death. This constitutes a case where the occupational burden has been increased for a short period of time, even under the revised notice prior to the occurrence of the Deceased.

3) The Deceased, upon the instruction of the Company, driven a company vehicle on an average of 2 hours and 45 minutes per day and was commuting to and from work. The Deceased’s actual work hours should be calculated by adding up those hours to and from work. According to the work hours calculated, the Deceased can be found to have been in a chronic state.

4) The Deceased, as a person in charge of management, was under work stress in the position to exercise overall control over the investigation of sewage pipes and all kinds of work and actively resolve civil petitions, and was under considerable stress on the ground that he was excluded from promotion in January 2016, since he was prepared to acquire the qualification certificate recommended by the Company in the second half of 2015.

5) Since the blood pressure of the Deceased was mostly controlled within normal limits by taking the blood pressure into use, it is difficult to view that it contributed to the outbreak or aggravation of the injury and disease of this case, and even if so, it cannot be deemed that there was a proximate causal relation between the deceased’s work and the injury and disease of this case.

B. Relevant statutes

It is as shown in the attached Form.

C. Relevant legal principles

The term "occupational accident" in the Industrial Accident Compensation Insurance Act refers to a disease, etc. caused by an employee's occupational injury while performing his/her duties, which requires a proximate causal relation between the employee's occupational disease and the disease. In this case, the causal relation between the employee's occupational disease should be proved by the assertion. However, even though the main cause of the disease is not directly related to the performance of his/her duties, if an overwork or stress overlaps with the main cause of the disease and causes or deteriorates the disease, it should be deemed that the causal relation exists. The causal relation does not necessarily have to be proved clearly in medical and natural science, and in all circumstances, it shall be deemed that there is proof even if there is a proximate causal relation between the occupational disease and the disease when considering all the circumstances, and it shall also be included in the case where the basic disease or the existing disease which can normally perform his/her duties has aggravated rapidly above the natural progress rate, and the existence of a causal relation between the occupational disease and the disease should be determined based on the health and physical condition of the employee concerned, not the average person (see, e.g., Supreme Court Decision 2006Du4294.206.

D. Facts of recognition

1) Details and work environment of the Deceased

A) The instant company is mainly an enterprise specialized in sewerage non-exploiting construction, and its employees are 15 persons. The deceased, as the head of the field team of the instant company, performed duties such as a general manager of the field work, the inspection and dredging of sewage pipes, the coordination of robots, the management of team members labor, the management of civil petitions, and the report on field work.

B) Five on-site teams belonging to the Deceased were the team leader and the team leader’s age was 59 years of age (non-party 2), 62 years of age (non-party 5), 69 years of age (non-party 5), and 70 years of age (non-party 3) as of the occurrence of the instant injury. At around 05:50, the Deceased was 2 and Non-party 3 living in the vicinity (5-10 minutes of age) and 07:0, at the office of the instant company’s container office, the deceased was 10 years of age and 2 years of age, and 3 years of age were all 57 years of age. At the time of the instant injury, the deceased was 10 years of age and 2 years of age and 3 years of age, and the deceased was 3 years of age and 3 years of age, and the deceased was 10 years of age and 3 years of age, and the company was 20 days of age and 30 years of age of work.

C) The deceased, the team leader, was responsible for monitoring, as well as the duties of coordinating robots, performed the overall investigation of sewage conditions and handled civil petitions, and the remaining four persons performed the work assisting the team leader’s work. The daily work volume of one team is about 1 km, and the sewage of 25-30 pipelines was treated.

D) The instant company did not place an order for government-funded construction works during the same season during which a large number of government-funded construction works are performed, and does not have a large volume of work. On the spot team is commuting to and from work depending on circumstances. On the same season during which there are no common work, the team is going to work at around 9:0 a.m. and leaves work at 0 p.m. and leaves work at 7:0 a.m. and the number of work increases, and on Sundays is off.

E) Upon the solicitation of the instant company, the Deceased prepared an examination of a gas technician qualification certificate at the end of 2015. Meanwhile, around early 2016, the Team members belonging to the Deceased were promoted most, and the Deceased was excluded from promotion.

2) Work hours of the Deceased

A) In the course of the disaster investigation, the company of this case submitted to the Defendant by arranging the work hours of the Deceased for 12 weeks from the date of the occurrence of the injury in this case, and the content thereof are as listed below. According to this, during one week prior to the occurrence of the injury in this case, the deceased’s work hours are 57 hours, the average work hours per week during 4 weeks prior to the occurrence of the injury in this case, 49 hours and 45 minutes (=199 hours ± 4 weeks), and the average work hours per week during 12 weeks prior to the occurrence of the injury in this case (=399 hours ± 32 weeks).

본문내 포함된 표 일자 업무시간 휴일 일자 업무시간 휴일 일자 업무시간 휴일 일자 업무시간 휴일 발병 전 1주간 발병 전 4주간 발병 전 7주간 발병 전 10주간 [57:00] [58:00] [16:30] [19:00] 16.3.15. 9:30 16.2.23. 9:30 16.2.2. 5:30 16.1.12. O 16.3.14. 9:30 16.2.22. 9:30 16.2.1. 6:00 16.1.11. O 16.3.13. O 16.2.21. O 16.1.31. O 16.1.10. O 16.3.12. 9:30 16.2.20. 9:30 16.1.30. O 16.1.9. O 16.3.11. 9:30 16.2.19. 9:30 16.1.29. O 16.1.8. 3:00 16.3.10. 9:30 16.2.18. 9:30 16.1.28. 3:00 16.1.7. 6:30 16.3.9. 9:30 16.2.17. 10:30 16.1.27. 2:00 16.1.6. 9:30 발병 전 2주간 발병 전 5주간 발병 전 8주간 발병 전 11주간 [49:00] [25:30] [22:30] [29:00] 16.3.8. 9:30 16.2.16. 9:30 16.1.26. 3:00 16.1.5. 9:30 16.3.7. 10:30 16.2.15. 10:00 16.1.25. 1:00 16.1.4. 9:30 16.3.6. O 16.2.14. O 16.1.24. O 16.1.3. O 16.3.5. O 16.2.13. O 16.1.23. O 16.1.2. O 16.3.4. 8:30 16.2.12. 4:00 16.1.22. 6:30 16.1.1. O 16.3.3. 11:00 16.2.11. 2:00 16.1.21. 6:30 15.12.31. 2:30 16.3.2. 9:30 16.2.10. 16.1.20. 5:30 15.12.30. 7:30 발병 전 3주간 발병 전 6주간 발병 전 9주간 발병 전 12주간 [35:00] [22:00] [31:00] [34:30] 16.3.1. O 16.2.9. O 16.1.19. 3:30 15.12.29. 7:30 16.2.29. 10:30 16.2.8. O 16.1.18. 3:30 15.12.28. 2:00 16.2.28. O 16.2.7. O 16.1.17. O 15.12.27. O 16.2.27. O 16.2.6. O 16.1.16. 7:30 15.12.26. O 16.2.26. 7:30 16.2.5. 2:00 16.1.15. 8:00 15.12.25. 6:00 16.2.25. 7:30 16.2.4. 9:30 16.1.14. 8:30 15.12.24. 9:30 16.2.24. 9:30 16.2.3. 10:30 16.1.13. 15.12.23. 9:30

B) The Deceased used the company’s vehicle to get out of work and had Nonparty 2 and Nonparty 3 residing in the neighborhood. As seen in the above Section 1, one hour and ten minutes were required for work, one hour and two hours for leaving work, and one hour and two hours for leaving work, and the two hours and forty-five minutes were required for the combination of the hours to get out of work, and most of the hours to get out of work was occupied by Nonparty 2 and Nonparty 3 as team workers, and the Deceased continued to drive due to the problem of vehicle management.

3) The deceased’s health condition

A) The Deceased was 57 years of age at the time of death with a male of 172cm in height and 80 kilograms in body. The Deceased was dnicking three to four times in a month, and the amount of alcohol was 1 disease in a week, and tobacco was not smoking.

B) From May 208, the Deceased had a high blood pressure symptoms, and received regular medical treatment and treatment in △△ division from around 1008, and continued to use high blood pressure drugs. However, in a case where the blood pressure of a reduced season was changed for a certain period of up to 140 to 161mm, and blood pressure of a emercator during a certain period of time has increased to 90 to 100mm, but instead, the blood pressure of a reduced season maintained the status of 80 to 90mm, which is the blood pressure of a emercator. The Deceased maintained the condition of 120 to 130mm, and the blood pressure of a emercator. The Deceased maintained the blood pressure of January 25, 2016, which was two months before the death, 150/90mm, but the normal blood pressure of the emercatorcian on February 30, 2016, which was one month before death.

C) According to the health insurance medical care benefits from October 9, 2006 to the death of the deceased, the deceased has been continuously treated with high blood pressure. In short, the deceased has not been diagnosed or treated with any cardio-cerebral disease except for those treated by a Council member or a Council member for treatment, such as feasia, machine infection, non-feasion, or knee-feasia.

4) Medical opinions on the deceased’s death

A) The cause of the deceased’s death

피고의 자문의는 망인의 사망원인에 대하여, “급성심장사로 △△병원에 내원하였고 심폐소생술 후 시행한 관상동맥 조영술 결과 좌전하행지에서 측부 혈행을 동반한 자구성 심근경색 소견과 함께 좌회선지에서 급성 폐색 소견이 확인되어 일차적 관상동맥 성형술을 시행한 사실이 확인되는바, 이 사건 상병에 의한 심장사로 판단되며 이후 회생되었지만 경과 악화로 인한 타장기부전으로 결국 사망하신 것으로, 이 사건 상병으로 인한 사망으로 판단된다.”라는 의학적 소견을 제시하였고, 제1심에서 망인의 진료기록을 감정한 ◇◇◇◇◇◇◇병원 심장혈관내과 의사 소외 6(이하 ‘진료기록 감정의’라 한다)도 망인의 사인을 이 사건 상병으로 진단한 판단에 수긍하였다.

B) Grounds for the instant injury and disease

(1) On March 16, 2016, the Deceased, along with an opinion of the poppy of the coppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the scoppy of the instant disease, was presented.”

The examination of medical records also shows that "if there has been a chronic fluoral disease, it has already been under way to do so. It means that the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor." In the former case, when it is possible to predict the symptoms according to the degree of narrow fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor, it is difficult to present his opinion."

Comprehensively taking account of the above opinions, the disease caused by the injury of this case is “surgical pulmonary pulmonary typosis”, and it seems that the parallel typism team of the parallel typoids seems to have been suddenly surgical typed, rather than being caused by chronic dynamics of the parallel typosis.

(2) The △△ Hospital’s doctor Nonparty 7 and the deceased’s high blood pressure continuously treated and Nonparty 8 presented opinions that the deceased’s overwork and chronic dystro affect the outbreak of the instant injury or caused risk factors.

C) Effect of the deceased’s high blood pressure on the injury and disease of this case

(1) It is true that the examination of medical records shows that “the relationship with the cardio-cerebral heart disease is well known, but in general, the high blood pressure referred to in this context refers to the high blood pressure that is not mainly controlled, and in the case of the high blood pressure which is well controlled, the risk of cardio-cerebral disease may be considerably lowered. In the case of the high blood pressure test conducted in the past, the blood pressure of the deceased seems to be relatively well adjusted,” and that “The possibility of the outbreak of the cardio-cerebral heart disease is higher than the high blood pressure, even if the high blood pressure has been well adjusted, (the possibility of the outbreak of the cardio-cerebral heart disease) rather than the high blood pressure has no high blood pressure. However, in the case of the high blood pressure which is well adjusted, it is true that the possibility of the merger decrease

(2) On the other hand, Nonparty 7 presented the opinion that “When there is a high blood pressure, it is known that the disease of this case may increase more than three times compared to the patient who has no high blood pressure,” and the doctor Nonparty 8 presented a medical opinion that “high blood pressure is very closely related to the upper branch of this case. In the event that the blood pressure control is not well-grounded, it is likely that the same shall cause the dynamic ties in the bloodline, and the risk of cardio-cerebrovascular disease is increased.” The patient’s long-time and chronic overwork is likely to cause stress and cause severe blood pressure.”

[인정 근거] 다툼 없는 사실, 갑 제3호증의 2, 3, 갑 제4호증의 5, 6, 7, 갑 제8호증의 1 내지 5, 을 제2 내지 5, 7, 10호증의 각 기재, 제1심 증인 소외 2의 증언, 제1심법원의 ◇◇◇◇◇◇◇병원장에 대한 진료기록감정촉탁결과, 제1심법원의 ◇◇◇◇◇◇◇병원 의사 소외 6에 대한 사실조회결과, 변론 전체의 취지

C. Determination

In light of the legal principles as seen earlier, the following circumstances revealed in full view of the purport of the entire pleadings are determined as follows: (a) the injury or disease in this case occurred due to occupational malpractice, stress, etc. of the deceased and the death of the deceased; and (b) thus, constitutes occupational accidents. Since proximate causal relation exists between the deceased’s work and the injury or disease in this case, and between the death of the deceased and the injury or disease in this case, the instant disposition is unlawful.

1) We examine the duties performed by the Deceased within 24 hours of the outbreak of the instant case. According to the testimony by Nonparty 2 of the witness of the first instance trial, the work on March 16, 2016 is recognized as the fact that the Deceased performed almost all kinds of restaurants-populated sewage pipes, fluor oil, fluor oil, and pollutants, and the management was almost obstructed, and the Deceased’s complaint was filed due to the vehicle movement on a narrow road to the maximum extent possible, and sought understanding. However, even based on the testimony of the said witness, it is difficult to view that the duties performed on the relevant day by the Deceased was unexpected or difficult, or that there was a sudden change in the business environment.

2) We examine whether this case’s occupational burden increased during the short period prior to the occurrence of the instant accident, thereby causing excess.

A) Article 37(3) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017); Article 34(3) and attached Table 34(3) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 28506, Dec. 26, 2017); and subparagraph 1(c) of the attached Table 3 of the same Act, “matters necessary for determining whether to recognize an occupational disease due to cerebrovascular diseases or heart diseases and cardioscular diseases” publicly notified by the Minister of Employment and Labor based on delegation of the said Act (Notice of the Ministry of Employment and Labor No. 2013-32, Dec. 29, 2017; hereinafter referred to as “instant public notice”) provides for the following: (a) whether the worker’s work has increased working hours during the short-term period of time due to an increase in the occupational burden; (b) whether the worker is obliged to adapt to or have a similar physical or mental capacity to work.”

B) During one week prior to the date of the instant injury or disease, the deceased’s work hours are 57 hours, and the average work hours per week during 12 weeks prior to the outbreak are 33 hours and 15 minutes as seen earlier. As such, the work hours per week prior to the date of the instant injury or disease increased by approximately 71.4% compared to the average work hours per week during 12 weeks prior to the occurrence of the injury or disease. It is clear that the work hours of the deceased increased by more than 30% prior to the occurrence of the injury or disease or more than the previous work hours, and thus, it is reasonable to assess that the short-term work burden was increased.

C) Meanwhile, the instant company has a characteristic of temporarily reducing the volume of work during the same season every year due to the relationship mainly performing government-funded construction, and a change in the business hours per week following the lapse of the same season is considerably unreasonable, such as: (a) the instant company repeats the tendency of a certain increase; (b) the increase or decrease in the number of hours per week; and (c) the increase in the number of hours per week from 25 to 58 hours per four preceding week prior to the outbreak; and (d) the rise in 35 hours again, 49 hours and 57 hours per week.

Before the outbreak of marks contained in the main text, 12 weeks 10 through 12 weeks 10 weeks 10 weeks 8 weeks 7 weeks 7 weeks 6 weeks 5 weeks 7 weeks 8.23 to 4 weeks 5 weeks 2.23 from December 23, 2015 to 5 weeks 2: from January 5, 2016 to January 6, 2016 to January 13, 12: from January 20 to February 20, 206 from February 27 to February 23, 202 from February 17 to February 10 to March 23, 23: 3: 0: 29 hours from March 24 to August 3, 2015 to March 34: 29: 0: 10: 30: 25: 305: 25: 30: 25: 30500; 25: 3050

As such, it is reasonable to view that the repeated form of an increase in the occupational burden for a short period of time constitutes a case where the occurrence of physical or mental disorder, which may significantly affect the normal function of brain-dead or cardio-cerebrovascular, due to an increase in the occupational burden during the short period prior to the occurrence of the occupational burden due to the quantity, time, strength, and responsibility of the business, and changes in the business environment, constitutes a case where the occurrence of physical or mental disorder, which is likely to cause a significant impact on the normal function of the brain-dead or cardio-cerebrovascular ( even if the daily business hours per

3) We examine whether the Deceased was chronicly affected before the outbreak of the instant case.

A) The work of the instant company appears to have been difficult to find workers due to bad working environment. The Deceased, according to the instructions of the instant company, was on board two workers residing in the neighborhood, and was working at a volume of 2:45 minutes per day on average by driving a vehicle of a company with an average of 2:0 minutes and 45 minutes per day. This cannot be compared with the case where a person, who, by means of a vehicle, can solely commute to and from work, by means of a vehicle, and by means of public transportation, etc. according to his own way or health condition. It is reasonable to view that commuting to and from work constitutes a full exchange of

B) Therefore, when calculating the number of hours to and from work by two hours and forty-five hours per week prior to the occurrence of the instant injury, the deceased’s average hours of work per week during 73 hours and thirty minutes per week (=57 hours + 2 hours and forty-five minutes x six times). During the four weeks prior to the outbreak date, the deceased’s average hours of work per week (=66 hours and forty-five minutes ±45 minutes ± four weeks), and the average hours of work per week during 12 weeks (=5 hours and thirty-seven-eight minutes ± 12 weeks and below the unit) reached approximately forty-five-five hours and thirty-seven-seven-seven minutes per week average hours of work per week by the Deceased’s average hours of work per week in four weeks prior to the outbreak date, and thus, the notice of this case has a chronic relevance with the Deceased’s work.

4) In addition, the deceased was subject to considerable stress due to frequent civil petition, acquisition of qualification certificate, omission in promotion, etc., and such cause is deemed to have served as a single factor in the outbreak of the instant injury and disease by combining it with those of the deceased as seen earlier.

5) We examine whether high blood pressure of the deceased and the injury of this case prevents the proximate causal relation between their duties and the injury of this case.

A) High blood pressure is very closely related to the instant upper branch. In the event that the blood pressure control is not well-grounded, the risk of the occurrence of cardio-cerebrovascular diseases is growing due to the outbreak of chronism in the bloodline, and even if the blood pressure is well regulated, the possibility of the outbreak of the instant injury would be raised rather than in the absence of high blood pressure.

B) From May 2008, the Deceased’s blood pressure temporarily increased from 140 to 161mm, and blood pressure from 200mms to 90 to 100mm, but instead, the blood pressure from 20 to 130mms, the blood pressure from 20 to 80mms, which is 150/90mms before the Deceased’s death, maintained the condition of 150/90mm. However, the blood pressure on January 25, 2016, which was 150/90mm before the Deceased’s death, showed normal blood pressure on February 5, 2016, which was 130/90mm. As seen earlier, in full view of these processes and opinions of the deceased, it seems that the blood pressure of the deceased was relatively well managed.

C) Even if the deceased’s high blood pressure contributed to a certain degree of the outbreak or aggravation of the instant injury, it shall be included in the case where the basic disease or the existing disease that can normally work at ordinary times is caused by excessive work and is rapidly aggravated at a natural progress level. The existence of a causal relationship with the work and the disease should be determined on the basis of the health and physical conditions of the relevant worker, not an average person. As seen earlier, it is reasonable to deem that the deceased suffered from a short or chronic stress and occupational stress, as seen earlier, and that the instant injury was caused by sudden aggravation of the existing disease, such as high blood pressure, etc. of the deceased, due to such excessive stress and stress.

3. Conclusion

If so, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion. Accordingly, the plaintiff's appeal is accepted and the judgment of the court of first instance is revoked

[Attachment] Relevant Statutes: omitted

Judges Park Jong-nam (Presiding Judge)

1) On December 29, 2017, the Defendant provided a separate guidance to inform and re-request the contents of the amendment (attached Form) under the Ministry of Employment and Labor Notice No. 2017-117 for the non-approval for three years. The determination whether the instant disposition is justifiable is in accordance with the previous Act and subordinate statutes, and the Plaintiff’s assertion that the notice of amendment should be applied is without merit. However, in the judgment of the instant case, the relaxed standards in the notice of amendment and the litigation economy, etc. should be considered.